SAMUELSEN v. WOLLMAN RINK OPERATIONS LLC

150046/16. Appeal No. 14874. Case No. 2020-03829.

201 A.D.3d 490 (2022)

161 N.Y.S.3d 64

2022 NY Slip Op 00149

Diane Samuelsen, Respondent, v. Wollman Rink Operations LLC et al., Appellants-Respondents, and Classic Carpet Showroom, Inc., Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 11, 2022.


Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York ( John Sandercock of counsel), for appellants-respondents.

Law Offices of Kevin J. Philbin, New York ( Michael P. Beckley of counsel), for respondent-appellant.

Gersowitz Libo & Korek, P.C., New York ( Anthony Makarov of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.


Plaintiff testified that she stepped off an ice rink and onto an entrance ramp that had uneven matting and lumpy ice buildups, that her skates got stuck and that she fell, hitting her head. Defendants failed to establish that the assumption of risk doctrine bars plaintiff's claim as a matter of law. The alleged lumpy ice and uneven matting on the ramp cannot be found on this record to constitute an inherent risk of the sport of ice skating, as opposed to a defective condition...

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